Case Detail

CALIFORNIA INDIAN LAW ASSOCIATION v. UNITED STATES DEPARTMENT OF JUSTICE

District

District of Columbia

City

Washington, DC

Case Number

1:2015cv00539

Date Filed

2015-04-10

Date Closed

2015-11-20

Judge

Judge Royce C. Lamberth

Plaintiff

CALIFORNIA INDIAN LAW ASSOCIATION

Case Description

The California Indian Law Association submitted a FOIA request to the Office of the Solicitor General for records concerning a speech made by Acting Solicitor General Neal Katyal at the 2011 Indian Law Conference of the Federal Bar Association in New Mexico in which Katyal apologized for misrepresentations made by the Solicitor General in several cases involving Indian tribes. The Solicitor General disclosed 78 pages, of which 34 pages were completely redacted. The agency claimed Exemption 5 (privileges) as well as Exemption 2 (internal practices and procedures) and Exemption 6 (invasion of privacy). The Solicitor General did not disclose either the text or a video recording of the Kaytal speech. CILA appealed to the Office of Information Policy, which remanded the request to the Solicitor General for further processing. The Solicitor General disclosed parts of two previously redacted emails. CILA appealed once again to OIP, but after hearing nothing further, CILA filed suit.Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE. Summons not issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 04/13/2015)

2015-04-20

4

NOTICE of Appearance by Daniel I.S.J. Rey-Bear on behalf of All Plaintiffs (Rey-Bear, Daniel) (Entered: 04/20/2015)

2015-05-29

5

ORDERED that the plaintiff shall, within the next ten (10) days, file with the Clerk of Court either proof of service or a status memorandum indicating all steps taken to date to effect service. Signed by Judge Royce C. Lamberth on 5/28/15. (mpt) (Entered: 06/01/2015)

2015-06-01

6

ENTERED IN ERROR.....AFFIDAVIT and Proof of Service by CALIFORNIA INDIAN LAW ASSOCIATION. (Attachments: # 1 Exhibit Proof of Service - US Atty DC, # 2 Exhibit Proof of Service - US AG)(Grove, Donald) Modified on 6/2/2015 (rdj). (Entered: 06/01/2015)

2015-06-02

NOTICE OF CORRECTED DOCKET ENTRY: re 6 Affidavit and Proof of Service was entered in error and counsel was instructed to refile said pleading using the events Summons Returned Executed as to U.S. Attorney General & Summons Returned Executed in FOIA case as to U.S. Attorney found under Service of Process. (rdj) (Entered: 06/02/2015)

2015-06-02

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/21/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/19/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/18/2015.) (Attachments: # 1 Exhibit US Atty DC - Proof of Service, # 2 Exhibit US AG - Proof of Service)(Grove, Donald) (Entered: 06/02/2015)

2015-06-03

8

NOTICE of Appearance by Matthew Joseph Berns on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Berns, Matthew) (Entered: 06/03/2015)

2015-06-16

9

Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 06/16/2015)

2015-07-29

10

ORDER; granting 9 Motion for Extension of Time to Answer to the Complaint. UNITED STATES DEPARTMENT OF JUSTICE answer due 8/3/2015, Signed by Judge Royce C. Lamberth on 7/27/2015. (hs) (Entered: 07/29/2015)

2015-07-31

11

Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 07/31/2015)

2015-08-03

12

ORDER; granting 11 Motion for Extension of Time to Answer to the Complaint. Defendant's Answer due by 8/17/2015, Signed by Judge Royce C. Lamberth on 8/3/2015. (hs) (Entered: 08/03/2015)

ORDER; Government to Produce a Vaughn Index, Signed by Judge Royce C. Lamberth on 8/25/2015. (hs) (Entered: 08/26/2015)

2015-09-21

15

Consent MOTION for Extension of Time to file Vaughn Index and Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 09/21/2015)

2015-10-05

16

ORDER; granting 15 Motion for Extension of Time to File Vaughn Index and Summary Judgment Motion. Summary Judgment motion due by 11/9/2015/Vaughn Index due by 11/9/2015, Signed by Judge Royce C. Lamberth on 10/2/2015. (hs) (Entered: 10/05/2015)

2015-11-06

17

Consent MOTION for Extension of Time to file Vaughn Index and Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 11/06/2015)

2015-11-20

18

STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Berns, Matthew) (Entered: 11/20/2015)